tv [untitled] November 23, 2014 5:30am-6:01am PST
inspector to check it out and to reach the rest of them in case of anything, but we are not a noise expert and we will consult can the health department and everybody will go by that and how to notify the people with a draft letter, you know, how do. and all of this is more, you know, how to, out reach all of the public and on the contractor. >> yeah. >> and commissioner? >> now, that we know that there are or could be activity done without the night noise permit and how about that i ask if there is any reason why we don't require the permit for all types of activities? >> i mean, all types of activities beyond the yeah. why can't we just require them
to go to the out reach and before them to do the work at night? >> they will incapsule ate the work that they are doing all day saturday and sunday and even if they are going to be working up to the allow able 8:00 p.m. time in the week. >> they will let the people know and the newsletter, and i think that we probably have about three or four contractors who did do this on a regular basis and it is what they do every day. and with the emphasis on what they are projecting as regards why it will be the applications for the night noise work. >> so did they do it already, but we are going to encourage them to do it more. and because, really, when you think about it, it really comes down to communication. and it is all about communication. and are these things justifiable? and then those two things and
then creating the balance. i think that we understand that there are reasons why we need to issue them, but the out reach has to be good. and they have to communicate with people and i am very happy that director hui is taking the lead here and generating the new policy, and because, it will, and it will make it transparent and in it for all and the people can see what it is that is required. and the two weeks advanced notice is excellent. because, the people can plan ahead. >> yeah. >> we still may have some emergency situations, where there is going to be noise in the middle of the night. the car into the building and the fire and we can't avoid those things but we are going to have the scenario and they will not obviously have out reach or communication, because we just have to do what we need to do to secure the buildings in the case of emergency. >> yeah. and you know, do you want to say something? >> something, there, and one of the things from the working group on supervisor yee's group, and the health department took the lead on
that, and one thing that i had brought up and with the planning was that in the many planning commission stages that i found to be a high-rise building, the work hours should be something that could be put into the eir and it is definitely going to help and i think that mission bay did that and they got ahead of the curve and we don't get the complaints in the mission bay we have actually been at their meetings and the community meetings and if there is something and an incident that happened and it is discussed at the meeting and that was something going forward and what is going to and can you imagine all of these buildings that getting built and going to be residents in the next five years and then in five years's time all of these people are going to be living and complaining about the night noise for the other building next door and so it is going to be, and we are going to get more and more of this and that is why it is good and exciting that we have got this policy and procedure, and we did follow some of the leads from dpw, and what their process is, and they actually have an inspector out there at night for the lane closures and i don't think that we need that
but we are going to have a number, i believe that you can call if 311 gets a call and i actually had a meeting with the 311 people yesterday. and so i think that going forward, this is good, but it is something that is going to be, you are going to hear more of. >> so. >> and commissioner walker? >> to your point of the mission day project and i get e-mails almost weekly where they notify anybody on the neighbor list that you know, there is going to be noise, and at the specific times and what it is, and that really is a great notification system and a great something, to show the developers as they are applying for these, is that, that is what will help them, so that the people around are not surprised. and can make other arrangements. >> that is right. >> and that is the, meetings that we had at the metropolitan and it was the first time that we got the developers together on the building and they were able to get some stuff, coordinated bet their would have less, impact on the residents, of that building. and that, that was good.
and that was, and there was good, really trusting relationships getting built more, and the people talking and hitch away and talking to the developers and the developers speaking to each other and we are, and there is another one at the 3:00, which some of us are going to as well. and you know that it is always good and i think that it is positive and it is just unfortunate what happened at the land use and there was a lot of good stuff being done that probably did not seem like that and some of the other things at that hearing were that there were other city departments that we were kind of getting ahead for the dpw were there and they were there actually and but, any way, i think that moving forward, we can make it good, and it is interesting, at the supervisor yee's group, the noise it is not just night noise, it is all noise and it is church bells, it is siren and things that you would not think about that people complain about to 311 and that is going forward that is going to be good when we get everything taken care of. >> great. >> i think that bill is going
to come up and to the director it was great for you as you were leaving and this was all coming down and i want to commend and i know that you feel the same way for commending the staff for dealing with this and i think that the term pause was used for the reason that you were dealing with this and it caused a lot of confusion, but what struck me about the whole thing is that once again, the department, unfortunately takes a lot of hits like you pointed out mr. duffy and i get it and we can't change it and i know that the public relation's department we would be terrible but we are dbi and the job is to solve the problems and we are not and we don't get out there and publicize all of the work that we do over the years and i know that you have been working diligently and resolving the noise issue and it didn't come out in that hearing that you had about on this for many years and made a lot of great changes, and unfortunately, but that is why i kind of wants you here today because i know the hard work that you are doing and we are lucky to have the two people like yourselves and the leaders in our department who work hard to solve the problems quietly,
and you had been there and you have the good, and solid intelligence, and problem solving abilities and so thank you for taking over the box over the years and thanks the director for taking over the lead here and getting this home with the supervisor that kind of has the concerns and i know that bill you are going to update us on the possibility that you are going to implement in the new policies going forward and that is kind of in writing now if you want to do that, thank you gentleman for all of the work. >> thank you commissioners for giving us the opportunity to speak to the good work that we do. i think that it is an important message. >> thank you inspector. >> bill strong, legislative and public affairs, if i would just echo the report that you just heard, i think the absence of anything in writing before was a formalized policy. often because we weren't in a
building boom-like situation, where we weren't getting very many complaints. and the reality is that when you look at complaints of july, august, and september, there were five city-wide through 311 that actually came to dbi. and none of the five happened to be in that (inaudible) hill area. and where the metropolitan is located. so, in many respects a lot of this, i think really has more to do wit it and the developers and the way that they work and the communitis that they are involved in and it may be different in other cities arn around the country and you may be able to go to chicago and new york and new orleans and just everybody lives with whatever they live with, in san francisco, people get involved
if you make noise in a building, and it is only five years old, now you have a community of people living there, who do. and i think that we can make it a little more transparent and a little bit better and supportive in terms of virtually everybody that i talked to wants to see the housing that is being constructed built, no one is saying that we don't need all of these new buildings any way, quite the contrary, they want what the results of these buildings are. so, on the dbi website, for example, starting very soon, while right now, you can actually see the total number
of night noise permits we are issuing on a monthly basis and you can also see a kind of a map that will show you where in the city these permits are going. and we are going to add a little more information to that such as how many are involved and when it is expected. and if someone is awakened at 2 or 3 in the morning and they have forgotten and they didn't feel that they got notified, they could go on-line, and see, what we did in a way of issuing a permit. >> commissioner walker? >> and the contact information for the project sponsor is also available in that same. >> yes. >> we have got the 24-7 fum. >> perfect. >> fortunately he is testing and i think that is a good thing. >> yeah. >> take the expresser off of us
and put it where it needs to be. >> and just to one, obviously, it is, you know with the conversation that gravitate to this particular area and the policy that we are changing necessarily might necessarily be the city wide, you know, for example, the notification part. >> and you don't need two weeks, for example in the richmond, is it going to be specific to that area? >> the realfy is that we are hearing from a limited number of places where the concerns or where the dialogue has not been as good as it needs to be. >> and because, inthat the staff, and particularly in the leadership have shown the ability to step in. and it is not going to be
applied like it is for downtown and they have the ability to do that, right? they have that flexibility? >> yeah. what i am thinking about, and might, and maybe, denied the permit, they can appeal and then through the property, and they can (inaudible) and they can appeal to me or go to the commission. >> let's say that i know, and i know that i, and i think that it is something that you showed me the statistics, like for example, and i just keep referring to the richmond, very rarely are they requested, but it might be because of a situation that happened, very quickly and it might follow less than the two weeks notification, that the staff have the ability to see that and act on it smartly, in other words,. yeah you will hear from the chief building inspector and there is an emergency, and
there is a situation. >> there is flexibility in this draft. >> the master of the english language. >> thank you for the update. okay. >> is there any public comment on item ten? >> seeing none, its em eleven, discussion, regarding ordinance, and the file, number, discussion regarding ordinance (clerk of the board of supervisors file #140381) regulation of short-term residential rentals and establishing fee - ordinance amending the administrative code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the planning department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the
planning code to clarify that short-term residential rentals shall not change a unit's type as residential. >> i would like to point out that we were advised from the city attorney office as there are legal pending issues that we might be restricted as to our conversation. however, commissioner walker if you wanted to expand on it and i am actually going to ask the city attorney maybe to give us the directions and his point of view of how many that we can discuss that is in front of us today. >> so, you go first? there is a pending lawsuit on
the legislation, and so, you are free to discuss it and raise issues and i would probably shy away from asking me legal questions, or things that require legal analysis and i would be unlikely to respond, whether there was a lawsuit or not. i think that you can discuss them. >> commissioner walker, the floor is yours. it effects how we will be allowing the people to rent out the rooms in their homes for short term rental.
we have illegal units and dealing with housing units and not wanting to up end people's homes, but our staff are the people that might be notified and as we did with the joint meeting with planning in trying to form a effective partnership with planning, and helping them enforce this, the questions that i have are how we are going to be involved in determining the health and safety of these possible rental issues from the gate.
and how will we direct complaints, and possible violations to planning to because they are the primary enforcing agency and so i think that i wanted to be sure that we have a departmental conversation to help with the policy and procedures around this as we are asked to do by law. so, that was, and that is the discussion, and i guess that this can be a way of updating and talking about those concerns. >> and other commissioners concerns. >> commissioner melgar? >> yes, i thought that i had requested a little bit of a different spin, but with the same item for the agenda, which was the role of the code
enforcement i was wondering if we could schedule that later, or if it is too, or if it is premature to discuss this because of the pending you know, unresolved legal issues, if when we reschedule this item, if we can, make sure that we add that in, because i would really like to hear from rose mary and jamie and or the folks that are part of cop how they see their role in enforcement of this and how it plays out with the planning enforcement and so just throwing it out for you. >> and i think that is ininclusive, and it should be. >> it is all here. i mean that this is how, how does our director and how did the management want to proceed on this? to make sure that we are partnering effectively. >> and yeah, those folks are not here. >> yeah. i know. >> and i requested that they be. >> yeah. >> and it is kind of, it is
the, and i may want to respect the fact that you want to have this discussion, and when i find that the people don't want to talk about it because of the ongoing litigation, you know. >> okay. >> and i find myself and kind of my hands are tied a bit and i am getting people here to discuss it and until that is resolved. >> it sounds like our attorney has said that we could, discuss our plans for enforcing and maybe we could hear from director hui about what the process is. >> yeah, and how we are engaged. >> and the department of the building inspection, i did discuss with rose mary in detail on these. and from our role is just like any other enforcement case, this is now all to planning but we will support planning, whatever they need us, maybe more training. from our housing inspection.
and also to get more training to the planning staff, but why they are out and, they don't have a code enforcement unit. set up for this, yet. and the way that i hear. at times we will work together, and plan. >> and how do we respond to the complaint and maybe we have discuss ited more with planning and it is not clear to me from the legislation how this is going to happen. >> yeah, sure. >> ross mary, chief housing inspector, the legislation is
proposed was actually, is effective next thursday. and right. >> and it goes into effect, as far as the enforcement component on the first of february, it puts all of the, and it puts the cold enforcement responsibility on the planning department. now, we have met kristine and i have met to discuss how we can assist her with respect to the issues such as illegal conversions and things like that. and they are already aware of the process, and we will have where we have the joint computerization and we will be able to see those types of complaints. and since, she does not have yet, the dedicated staff to be able to address the enforcement, there, i guess that they are in the process of doing that, i have volunteered that we would definitely do some training with them and with the existing staff and the any new staff so that they can identify what could be potential housing or building code violations just like we do now, with any of the other city
code enforcement agency. and be it the planning department, or the fire, and the environmental health and dpw and if we go out and we see the violation for that particular department, we may be even be taking concurrent action and we make a referral to those agency and they do the same. so that is one area that we will be helping them, but again, the current legislation has a tremendous amount of moving parts that the planning department is trying to put together regarding the registry and things of that, things that are related to that. >> and that is something that they are doing. >> is there a current requirement for the applicant for this license or whatever it is? to have a legal unit? >> i mean, have it be up to code? egress? all of those things? >> you know, it is not clear to me the way that the legislation is actually currently proposed, regarding that, i will tell you
though, that if planning sees a space that is being used for residential use, where this type of complaint has come in, they would make a referral, to us as they do right now. and that will be a little different, than a dwelling unit that someone has made the complaint that they are renting it in violation of chapter 41, a as it is getting amended those types of complaints of an illegal occupancy, or a illegal conversion in use, and it will still come to us. and that is again, part of the trending of the discussion that we have already talked about. and so, i do anticipate that when we see those types of things that we will get those regardless and be able to take those through our already established code enforcement process. >> and we have as commissioner melgar requested, we are engaging our code enforcement out reach program, agencies, that we contract with now?
who deal with these type of issues? >> absolutely, we meet with not only all of the code enforcement out reach venders but the collaborativives on a monthly basis and we get out around a table and we talk about the various issues and in fact with the director just attended the meeting that we had just a few days ago and so he is actively engaged in that process as well and the real issue for us is that we still have to kind of wait to see how planning is going to put together the intent of the organization and there is a lot with the types of information that they are going to accept from a property owner as to how long they have occupied the unit and there are a lot of issues that they have to iron out to be able to implement this and including adding some dedicated staff to that. and so, we are working with them, and keeping an eye on it and we are having that discussion and i am seeing, kristine aby the virtue any
way, and so we are keeping an eye on that. and we have already. extended that invitation to them if there is anything that we need to do. we have 33 cases that we are packaging up right now, and putting together all of the research that we have done so far that we will be transferring over to them. >> and one of the things that i want to point out is maybe that you can talk about how much time that it takes to research these, i think that there were five that came to us at one point, that took a lot of your staff time because of the
complicated. >> if you look at chapter 41 a, prior to supervisor chiu's proposals you just look at that. and this send in cases through trying to enforce, the prohibitions on the short term rentals was..., and you have to get the listing from the complainant and this was difficult to be able to determine if someone is renting for less than 30 days because these listings do not any longer typically have the front of the building, on the listing and if you go to verbo or air b&b or any of these platforms you can see that they don't have addresses and you are trying to link the complaint allegation, with the listing and so if you don't have that and you are going on-line and trying to search and it is time consuming and you may not get any results so those are actually have the information and we had to do the information research, and to be able to make the preliminary
findings there was a violation of the ordinance, for less than 30 days and set them up for a hearing and hold the hearings, and have notices of decisions, and which included all of the record to that particular point in time. so it was quite a bit of time and if, at the time of the hearing, at least, under the old ordinance, under chapter 41 before the amendments if the property owner, cured the violation prior to the administrative hearing, it was difficult the way that the ordinance was written to issue penalties. >> commissioner melgar. >> i want to be sure that we are talking about the things that worries, me in particular
i am not as interested about the change in use because that is on the planning department. what i am worried about is what triggers someone who is competent in terms of the building code to certify that this place is safe to rent out? because, if the property owner or the tenant decides that they are going to do the short term rental and go and applies to the planning department for whatever permit they are going to figure out how to do, at what point does someone has fire egress and they have the electrical and not going to blow something up and that, i think is the issue, but it was not, you know, maybe john stop me if i am treading in to,
legally territory, i think that was the issue in all of the amendments and i followed it up until it ended, and the only requirement was a notification. it is not just that unit, i am wondering how do we be as a policy pro-active in making sure that you know, what is coming down the pike is not going to create a lot of problems for the housing, and the building, that we have
carefully built? even though you have the 40 unit dwelling ask an apartment building and one of those units is offered for a short term rental and you are changing one occupant for the other and it is still an apartment building and it is still a dwelling unit that is being rented unless there is a conversion of use or work out a permit which would be things that we would address, you don't have a lot of changes as far as life safety issues, however, one of the things that we do for that apartment building is routine inspections and so one of the other things that i did suggest to cristina as she get the complaints if there are apartment buildings that require the routine inspection, we will be happy to look at